Supreme Court reinstates high profile child murder verdict

The Supreme Court has reinstated the criminal conviction of the man found guilty of the highly-publicized kidnapping and killing of a boy in New York City in 1979.

The case is McCarthy v. Hernandez, issued on June 22. We have a 6-3 vote, with Sotomayor, Kagan and Jackson dissenting.

The killing of Etan Patz shocked the world at a time when crime in New York City was reaching a peak; he stopped into a bodega on his way to school and no one ever saw him again. The crime was unsolved for decades until the police arrested Pedro Herhandez, who confessed to the crime to a relative and then to the police. The problem with the police confession was that the police began asking him questions without providing his Miranda warnings ("You have the right to remain silent ..."). Once they read him his rights, Hernandez waived them and made a second confession. He gave another confession at the DA's office after waiving his Miranda rights.

At the criminal trial, the jury wanted to know what to do if they thought the pre-Miranda confession was involuntary -- should they disregard the two later videotaped confessions, where he waived his Miranda? The trial court explained that although New York law requires a jury to disregard confessions that it finds were “involuntarily made," state law does not empower a jury to assess whether a later confession is fatally tainted by an earlier, “involuntary” confession. 

The Second Circuit granted him habeas relief, determining that the state court criminal trial violated Hernandez's constitutional rights because the interrogation tactics violated Missouri v. Seibert, 542 U.S. 600 (2004), a splintered ruling that held that police questioning like this violates federal law. As the Supreme Court describes the Seibert ruling, "Writing for a four-Justice plurality, Justice Souter opined that the use of the tactic had undermined the protection that Miranda was designed to provide and that the confession given after the tardy Miranda warning was therefore inadmissible." 

That language from Seibert may seem to help Hernandez in this case, and as noted, the Second Circuit agreed, Not so, says a divided Supreme Court, which holds that Hernandez had no federal right to have the jury evaluate the lawfulness of his confessions after the trial court admitted them at trial. New York law may provide for that right, but the U.S. Constitution does not. Even if Seibert provides for the controlling legal standard -- and that proposition is debatable since it was a splintered ruling -- "that opinion established nothing about a jury's determination of a confession's legality," as Seibert's context was the trial court's ruling on a suppression motion, not a jury's assessment of attentuation" The Supreme Court has never applied Seibert in any other procedural context.

Since the trial court did not violate clearly-established federal law in guiding the jury on how to assess the confessions, there is no habeas corpus relief and the conviction is reinstated.